Revolutionary War Pension and Bounty Land Warrant Application File W. 4434, Philip Fishburn, Penn.

SERVICE
NUMBER
Penn.
Fishburn, Philip
W. 4434
Anna Maria
CONTENTS

No. 11,933
Pennsylvania
Philip Fishburn
of Dauphin Co. in the State of Penn a who was a Private in the company commanded by Captain Bowden of the Reg t . commanded by Genl. Wayne in the Penn a Troops time for 9 months
Inscribed on the Roll of Pennsylvania at the rate of 30 Dollars — Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 15 th day of July 1833 and sent to Mrs. W. Clure Harrisburg Pa.
Arrears to the 4th of March 1833 60.00 Semi-ant. allowance ending Sep. 1833 15.00 $75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Clerk, Book E. Vol. 5 Page 19
Wm. M c Clure informed July 30. 1833 that the Pension was not entitled to more than $30 per ann.
See letter 25. Feb. 1834 Hon A. Stewart. —
Acct

6233
Pennsylvania, Phila Anna Maria Fishburn widow of Philip Fenb Fishburn who served in the Revolutionary war, as a private
Let to S. Thugert 28 Augt 1833
Date of death not on AB
Inscribed on the Roll at the rate of 30 Dollars 00
Cents per annum, to commence on the 4th day of March, 1848.
7 th September 1857 Certificate of Pension issued the 3 rd day of April 1857 and sent to
John Phillips Sr, Hammelstown Pa
Recorded on Roll of Pensioners under act February 2, 1848, Page 222, Vol. 2,

Philip Fishborn was born in the year 1734 on the 15 th of November. Barbara Greenin, " " " " " 1739 " " 26 th " February We were married in the year 1758 on the 14 th of August. My wife died " " " 1790. " " 19 th of June. In the year 1781. on the 26 th of September a daughter was born unto me, her names were Catherine Elisabeth, she died on the 10 th of September 1794. In the year 1783 on the 30 th of April a daughter was born unto me, her name was Magdalena, she died on the 6 th of September 1783. In the year 1784 on the 12 th of December a son was born unto me, his name was John. In the year 1786 on the 26 th of June, a son was born unto me, his name was Anthony, he died on the 19 th of November 1788. In the year 1788 on the 7 th of March a son was born unto me, his name was Philip, he died on the 14 th of May 1789. In the year 1789 on the 25 th of November, a son was born unto me, his name was Anthony.
:Verte :|

In the year 1792, on the 25 th of December, I, Philip Fishhorn and Ann Maria Hadin, were joined in the holy bonds of Matrimony.
My wife Ann Maria nee Hadin was born on the 9 th of June 1771.
In the year 1793 on the 9 th of November a daughter was born unto me, her name was Eve.
In the year 1795, on the 11 th of December a daughter was born unto me, her names were, Maria Barbara.
In the year 1797 on the 31 st of March a son was born unto me, his name was Jacob.
In the year 1798, on the 3 rd of August a son was born unto me, his name was Michael.
In the year 1799 on the 10 th of December, a daughter was born unto me, her name was Elisabeth, she died on the 10 th of October 1821.
In the year 1802, on the 26 th of January, a son was born unto me, his name is Benjamin.
In the year 1803 on the 26 th of September a son was born unto me, his name was Jonas.
In the year 1806 on the 9 th of March, a daughter was born unto me her name was Sophie.
In the year 1807, on the 30 th of August a son was

Translation of family record of Philip Fishburn

born unto me, his name was Philip, he died on the 19 th November 1809.
In the year 1809 on the 6 th of July a daughter was born unto me, her names were Ann Maria she died on the 5 th of November 1809.
In the year 1810 on the 20 th of November a son was born unto me his name was Thomas.
In the year 1813 on the 19 th of February a son was born unto me, his name was Joshua.
+ My daughter Maria Barbara married on the 30 th of June 1818, John Greiner, and on the 12 th of September 1818 my son Jeremiah was born.
# Elisabeth married John Rauch.
Mr Bohnenstein represents the foregoing to be a correct translation from the entries in the book forwarded (omitting only the notes of baptism) The record is in German, in a memorandum book, containing numerous other entries.
+ This entry is by the daughter
# This is by the father, in whose hand all the preceding entries are made.
The book entries has every appearance of age and genuineness. E. G. D

I hereby certify that the foregoing is a correct translation of all the entries purporting to be the family register of Philip Fishborn, (omitting the notes of baptisms) as contained in a memorandum book handed to me by Mr Dodge.
Pension Office March 28. 1854.
Augustus S. Boerasteyn
Translation of family record of Philip Fishborn

State of Pennsylvania Dauphin County S.
On the first day of November Anno Domini One thousand eight hundred and fifty three personally appeared before me the subscriber one of the Judges of the Court of Common Pleas of said County of Dauphin Anna Maria Trishburn Widow of Philip Trishburn dec d aged Eighty two years & 4 months who being duly sworn according to law doth on her Oath make the following declaration in Order to obtain the benefit of the provisions made by the Act of Congress passed on the 29 th of July A D 1848. That her late husband Philip Trishburn dec d was a pensioner in the War Department of the Government of the United States, in his life time and at the time of his death, on a Revolutionary Claim, for which he held a Certificate Number 11939 dated the 15 th of July 1833 recorded in the pension Office in Book E. vol 5. page 19.
She further declares that she was married to the said Philip Trishburn on the 25 th day of December Anno Domini One thousand Seven hundred and Ninety two, and that her husband the aforesaid Philip Trishburn died at his residence in Derry Township Dauphin County aforesaid on the Seventh day of September A D 1859. that she was not married to him prior to his leaving the service but the marriage took place previous to the second of January Eighteen hundred. to wit, at the time above stated. She further swears that she is now a Widow, and that she has never before made any application for a pension -
Sworn to and Subscribed on the day & year above writ Anna Maria Trishburn ten before
W. H. Murray, Judge

State of Pennsylvania Dauphin County ss. I William F. Murray One of the Judges of the Court of Common Pleas of said County before whom the foregoing Declaration was made by Anna Maria Fishburn Widow of Philip Fishburn dec d . Do hereby Certify that the said Anna Maria Fishburn cannot from bodily infirmity attend the Court of said County, and that the said Declaration was made at the late residence of her husband Philip Fish- burn dec d in Derry township in said County about thirteen Miles from Harrisburg. Wm. F. Murray, Judge
State of Pennsylvania, Dauphin County ss. I Stephen Miller Prothonotary of the Court of Common Pleas of Dauphin County Do hereby Certify William F. Murray Esq. whose name is subscribed to the foregoing Declaration, Certificate, and evidence is an Acting Judge of the said Court of Common Pleas in and for said County and State duly elected and Commissioned and that full faith and credit is and ought to be given to all such his Official Acts, and that the sig- nature purporting to be his is genuine - Witness my hand and the seal of said Court at Harris- burg this sixteenth day of November Anno Domini Eighteen hundred and fifty three.
Stephen Miller Prothonotary

State of Pennsylvania
Dauphin County B. of
In the Court of Common Pleas of said County and before the Judges of the same it being a Court of record personally came on this Seventeenth day of May Anno Domini Eighteen hundred and fifty three Thomas Fishburn late a resident Citizen of said County, but now a resident Citizen of the adjoining County of Lebanon who being duly affirmed according to law did declare and say that the large Bible printed in the German language and produced in said Court is the very identical Bible which his father Philip Fishburn late of Derry Township Dauphin County aforesaid purchased, and deponent saw a man by the name of Ditzler make the entry about fifteen years ago, in said Bible at the instance and request of said Philip Fishburn in the German language to the following effect to wit "Philip Fischborn joined himself in matrimony with Anna Maria Hack on the 25 th day of December Anno Domini 1792 the ceremony being performed by the Rev d William Heister" And that the said Philip Fishburn and his family have since constantly recogni- zed and used the same Bible as the family bible and the said record as the family record of the said Philip Fishburn, and further that the said Philip Fishburn died in Derry Township on the Seventh day of Sep- tember Anno Domini Eighteen hundred and fifty one, and that he was at the time of his decease a pensioner of the United States for services rendered in the Revolution- ary War - And that the said Anna Maria or Ann Mary Fishburn is still living, and a Widow, and the de- ponent is a son of said Philip Fishburn and aged forty two years -
T. W. Fishburn

Dauphin County ss. I William F Murray a Judge of the Court of Common Pleas of said County do hereby Certify that Thomas H Firkburn with his names made and subscribed the within Affidavit in Open Court in the Borough of Harrisburg on the 17 th day of May A D 1853 before me, and produced in open Court before me the family Bible spoken of, and containing the entry of marriage therein men- tioned, And further I am acquainted with Thomas H Firkburn, and know him to be a man of credibility - Witness my hand and Seal in said Court the day and Year above stated
Wm. F. Murray

State of Pennsylvania County of Dauphin 3/5
On this 22 nd day of April AD 1833 personally appeared in open court, before Calvin Hlythe Esq and his associates now holding a court of common pleas in and for the county of Dauphin the court of common pleas now sitting Philip Fishburn a resident of the county of Dauphin and state of Pennsylvania aged seventy eight years, who being first duly affirmed according to law, doth on his affirmation, make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named officers, and served as herein stated to wit, In the year 1776 he was drafted in the militia of Pennsylvania for three months under Captain James Bowden & Lieutenant Edward  James Brouch and served the said tour in the State of New Jersey. In the year 1777 he was drafted in the Pennsylvania Militia for three months which tour he served under Captain Copenhaver & Lieutenants Bamil & Bradly. They were attached to Genl Irvine's command and were in the battles of Brandywine & Germantown. In the year 1778 he was drafted for a three months tour of duty in the Pennsylvania militia which he served out in the waggon department under Captain Patrick Kelly waggonmaster. And affiant further says that at the time he entered the said service he resided in Derry township then Lancaster now Dauphin County. That he knew Genl Washington & Wayne continental officers and that he has no documentary evidence and that he knows of no person whose testimony he can procure, who can testify to his service but John Reum. And he hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State
Affirmed & Subscribed the day & year aforesaid No. Roberts Proxy
Philip Fishburn
10672 Philip Fishburn

State of Pennsylvania Dauphin County 3/8
We James D. Fincke a clergyman residing in the County of Dauphin and Valentia  Valentia  James D. Fincke a judge of the court  court residing in the same County hereby certi- fy, that we are well acquainted with Philip Fishburn who has subscribed & affirmed to the within declaration that we believe him to be seventy eight years of age that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution and that we concur in that opinion Sworn & Subscribed } in open Court this 22 } day of April 1833 } Robt. H. Hummel S. D. Fincke Pro. Robats Proxy
Dauphin County
Personally appeared in open court John Turner who being duly sworn doth depose and say that he is well acquainted with Philip Fishburn the within affiant and in the year 1777 served a three months tour with him in the drafted militia of the State of Pennsylvania & was present with him at the Battle of Brandywine & Germantown. He served in the same Company under Captain Copenhaver and first Lieutenant Barret & Second Lieutenant Bradley and the affiant further says that their term of service commenced sometime in August and ended in October or November. and he further deposes and says that Philip Fishburn the affiant faithfully served out his said tour of duty and and was honorably discharged at the end of the term & further saith not. Sworn & Subscribed in } open Court this 22 day of } April 1833 } John Turner Pro. Robats Proxy

State of Pennsylvania Dauphin County — 36
Personally appeared in open court Philip Fishburn who being duly affirmed doth declare and say that his answers to the within interrogatories are true & further saith not —
affirmed & subscribed in open court this 22 nd day of April 1833 Mo. Roberts Proty
Philip Fishburn
And the said court do hereby declare their opinion after the investigation of the matter and after the putting of the interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier and served as he states. And the court further certifies, that it appears to them that Philip Fishburn Samuel D. Finckle who has signed the preceding certificate, is a clergyman resident in in the county of Dauphin, and that Valentine Kummel Esq. who has also signed the same is a resident in the same county and is a credible person, and that this statement is entitled to credit
Calvin Blythe
State of Pennsylvania Dauphin County
I John Roberts Prothonotary of of the court of common pleas of Dauphin County do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Philip Fishburn for a pension —
In testimony whereof I have hereunto set my hand and seal of office this 22 nd day of April A.D. 1833
Mo Roberts Proty

1 When, and in what year were you born?
Answer - I was born the 15 th Nov r 1754
2 Have you any record of your age; and if so where is it?
Answer I have in a book in the handwriting of my father. The book is in my own house in Derry township Dauphin County -
3 Where were you living when called into service and where have you lived since the revolutionary war and where do you now live?
Answer I was then living in Derry Township Lancaster County now Dauphin County where I have always lived since & where I now live
4 How were you called into service, were you drafted, did you volunteer, or were you a substitute and if a substitute for whom?
Answer I was always drafted
5 th State the names of some of the regular officers who were with the troops where you served such continental and militia regiments as you can recollect, and the general circumstances of your service
Answer I recollect Gen l Wayne & Washington
6 th Did you ever receive a discharge from the service and if so, by whom was it given and what has become of it?
I have got discharges but they are lost
7 th State the names of persons to whom you are known in your present neighborhood & who can testify as to your character for veracity and their belief of your services as a soldier of the revolution
Answer Judge Kennard Mr Britz and others

Philip Gisburn Dauphin County Pennsylvania
M rs M c Clure Harrisburg Penn a .

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Philip Fishburn Dauphin County Pennsylvania
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Draft? 1776. - 3 - private Genl. Irvine, Wayne Genl. Washington 78 years County of Lancaster Pennsylvania Traditional evidence Holergimans Certificate witness certified credible one living witness, not certified credible paper court   Draft? 1777. - 3 - " Capt Copenhaver   Draft? 1778. - 3 - teamster Capt Kelly, Battle of Brandywine & German Town.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. (The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.)
□ The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

December 26, 1934
XXXXXXXXXXXXXXXX
Mrs. Frank E. McMahon McCabe Montana
RA-J/ENL Philip Fishburn-W.4434
Dear Madam:
The data which follow were obtained from the papers on file in Revolutionary War pension claim, W.4434, based upon the military service in that war of Philip Fishburn.
Philip Fishburn was born November 15, 1754. The place of his birth and the names of his parents are not shown.
While residing in Derry Township, Lancaster(that part which was later Dauphin)County, Pennsylvania, Philip Fishburn enlisted sometime in 1776, exact date not shown, and served three months as a private in Captain James Cowden's Company, Pennsylvania Troops; this service was performed in the state of New Jersey; he enlisted in August, 1777, served three months in Captain Copenhaver's Company, and was in the battles of Brandywine and Germantown; he enlisted in 1778, and served three months under Wagonmaster Patrick Kelly in the Pennsylvania Troops.
He was allowed pension on his application executed April 22, 1833, while residing in Dauphin County, Pennsylvania.
He died at his residence in Derry Township, Dauphin County, Pennsylvania, about thirteen miles from Harrisburg, on September 7, 1851.
The soldier married August 14, 1780, Barbara Greinerin, who was born February 26, 1759. She died June 19, 1790, and he married December 25, 1792, Anna Maria Heck or Hadin(both names appear), who was born June 9, 1771.
Soldier's widow, Anna Maria, was allowed pension on her application executed November 1, 1853, while residing in Dauphin County, Pennsylvania.

Children of Philip Fishburn and his wife, Barbara:
   Catherine Elizabeth  born  September 26, 1781,  died  September 10, 1794.    Magdalena  "  April 30, 1783,  "  " 6, 1783.    John  "  December 12, 1784.      Anthony  "  June 26, 1786,  "  November 19, 1788.    Philip  "  March 7, 1788,  "  May 14, 1789.    Anthony  "  November 25, 1789,     
Children of Philip Fishburn and his wife, Anna Maria:
   Eve  born  November 7, 1793.      Maria Barbara  "  December 11, 1795,  married  June 30, 1818, John Greiner.    Jacob  "  March 31, 1797.      Michael  "  August 3, 1798.      Elisabeth  "  December 10, 1799,  married  John Ranck, and died October 10, 1821.    Benjamin  "  January 26, 1802.      Jonas  "  September 26, 1803.      Sophie  "  March 9, 1806.      Philip  "  August 30, 1807,  died  November 19, 1809.    Ann Maria  "  July 6, 1809,  "  " 3, 1809.    Thomas  "  November 20, 1810,  in  1853, residing in Lebanon County, Pennsylvania.    Joshua  "  February 10, 1813.      Jeremiah  "  September 12, 1818.     
There are no further family data.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator.

1929-Oct. 4- Elvira L. Ward adv. copy phs. 1929 1934-Mar 2- Visit to Caroline D. Coldren - 8 Oct. 1934-Dec 26- Visit to Mrs. F.E. Mahon - 8 Oct.
Rey WIDOW, &c.
File No. 4434
Anna Maria Fishburn Widow Philip Fishburn Rev. Rev. War
Act: Feb. 2 d 1848
Index:—Vol. 4 , Page 236
[Arrangement of 1870.]

No 108 Ann Maria Fishburn Widow of Philip Dauphin Co. Pa
John Phillips, S. Feby 31 1853, born Mar 28 1852
2 nd Feby 1848

29 March P30 Mar 28. 1857
Sir 27 Sept 57 Please inform me to what date the within named Philip Fishburn was paid Very respectfully
J. Clegg For Commissioner For Burt Esq 3 rd Auditor
Philip Fishburn, act 1832 $30 per Annum, paid 7 Sept 1851
F Burt Auditor
audit

Dauphin County ss
Before me a justice of the peace in and for the County of Dauphin and State of Pennsylvania personally appeared Curtis M c Neal who being by me duly sworn doth depose and say that John Hume the witness who was sworn in the Court of Common Pleas of Dauphin County on the 22 d day of April 1833 in the matter of the application of Philip Fishburn for a pension from the United States for Revolutionary Services, has been well known to this deponent for more than twenty years past and that his character for veracity is as good as any man's in Pennsylvania and that his credibility has never been questioned by any one. And the deponent further saith that he has known Philip Fishburn more than five years and he is a man of character and veracity and universally believed in the neighborhood where he lives to have served in the Revolutionary War and to have been present in one or two battles in the said war
Sworn & Subscribed before me this 30 th day of May 1833
Curtis M c Neal
I do certify that as far as I know the above witness is credible Witness my hand
William Graydon
William Graydon Justice of the Peace Dauphin County Pa.
Dauphin County ss
Before me a justice of the peace in and for the County of Dauphin personally came Robert M c Clure Esq and being by me duly sworn doth depose and say that John Hume the witness who was sworn in the Court of Common Pleas of Dauphin County on the 22 d day of April 1833 in the matter of the application of Philip Fishburn for a pension from the United States for Revolutionary Services, has been well known to this deponent for upwards of fifty years and that he is a man of truth and

always was reputed a credible man in the country where he was born and has always resided & further saith not Sworn & Subscribed before me this 1 st day of June 1833.
R. M c Clure
Mordecai M c Kinney.
Dauphin County ss
Personally appeared in open court Henry Balsbaugh a resident of Hanover Township Dauphin County and on his solemn affirmation deposeth and saith that for thirty years or upwards he has been well acquainted with John Reame the witness who was sworn in the court of common pleas of Dauphin County on the 22 d day of April A.D. 1833 in the case of the application of Philip Fishburn for a pension from the United States for Revolutionary services and affirmant knows the said John Reame to be a credible person and that he has always been repu- ted a man of truth in his neighborhood and among his acquaintances. And the affirmant further saith that he is well acquainted with Curtis McKee and Robert M c Clure Esq and that they are both men of truth and credible persons & further saith not. affirmed Sworn & Subscribed
in open court
June 6 th 1833
Mo Roberts Proly.
Henry Balsbaugh
Dauphin By. h. I certify that Robert M c Clure whose deposition is taken as above is a credible witness; being a resident of this County, with whom I am well acquainted. (Witness my hand & seal this 6 th day of June 1833, at Harrisburg aforesaid.
M c McKinney

And the said court do certify that it appears to them that John Kenney the witness sworn in open court on the 22 d of April 1833 in the application of Philip Fishburn for a pension from the United States for revolutionary services is a resident of the county of Dauphin and is a credible person and that his statement is entitled to credit and that Curtis McKee Robert McElvain and Henry Walbaugh are residents of Dauphin county and that they are credible persons and their statements are entitled to credit
Calvin Blythe H. Hummel " " "
State of Pennsylvania Dauphin county - ss
I John Roberts prothonotary of the court of Common Pleas of Dauphin County Do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Philip Fishburn for a pension - and I do further certify that William Graydon and Mordecai McKenney are acting Justices of the Pleas duly commissioned in and for Dauphin county and that the foregoing signatures are their proper handwriting and that full faith and credit should be given to all their acts as officers aforesaid.
In testimony whereof I have hereunto set my hand and affixed the seal of office this 6 th day of June 1833
John Roberts Protho

Howe 9 mts. $30
J. L. Edwards Esq Commissioner of Pensions Pension Office Washington City District Columbia

Nashburg June 6 th 1838 J. L. Edwards Esq.
Yr Sir Enclosed I return you the application of Philip Fishburn for a Pension together with the printed paper you sent me. And I enclose the affidavits of three witnesses as to the credibility of John Nucle the witness in the application I had returned me. I would beg the favor of a speedy attention to the papers as a man of 78 years of age is not likely to wait a period long - Two of the affidavits were taken before Justices of the Peace and the other in open Court before the Honorable Calvin Blythe President & Samuel his associate - The oath (as our practice is) is always certified by the Clerk or Prothonotary - I might have got the affidavits of two hundred witnesses to the credibility of every person who has been examined or sworn in this matter but it certainly unnecessary - I therefore shall hope that I have done all that is required and that matters of form shall no longer be an obstacle to defeat or delay the bounty of his country to a revolu- tionary character so respectable and so deserving as Philip Fishburn
Yours &c
William Wilson

FREE
J. L. Edwards Esq. Commissioner of Pensions Washington City Pa.

Harrisburg July 22. 1833
J. L. Edwards Esq
Sir no little was my surprize when I received this morning a certificate purporting to be from the War Department, stating that Philip Fishburn is entitled to a pension of thirty dollars per annum - The name of the person acting Secretary at War being altogether illegible I have taken the liberty to address you on this subject - I cannot conceive that how it comes that others for similar services receive pensions of $70 or $80 per annum, while this old veteran of 78 years of age who was present in two Battles Brandywine and Germantown, is to be put off with $30 per annum - I am at a loss to conjecture a reason for this, unless it has arisen from my own ill-nature when the papers were returned for further evidence as I thought without cause - certainly I had a right to express my opinions and they ought to have no concern with the old man's application and in them I may have been wrong not writing under the sanction of an oath - However I cannot see what my letters have to do with the case let them be written in a good or bad manner, to the record your officers look for your information and by it you ought to be alone directed - I most assuredly will not give him the certificate until I probe this matter to the bottom & come to know how one of our most deserving citizen soldiers is thus treated - To you having a high character for care and skill in conducting the business of your office I make this application for the cause. If it is a mistake or oversight arising from inadvertence which may readily happen any where, the sooner it is corrected the better - The man that has passed 78 winters cannot be expected to be found much longer among the living & his pension will be of short duration to him its amount is something, to his country nothing
Yours &c William M'Clure

Hummelstown Dauphin County Pennsylvania January 30 th 1854
To the Commissioner of Pensions, for the U. S., Sir -
At the request of Anna Maria Fishburn Widow of Philip Fishburn late of Derry Township Dauphin County Penn a dec d . - I transmit to you the enclosed papers for the purpose of obtaining a certificate that will enable her to draw the pension, to which her late husband was entitled during his lifetime. It appears that Philip Fishburn died on the 7 th day of September 1854 and nothing has been drawn by the widow as yet. — She applied to the Agency U. S. for paying pensions in Philadelphia, but was informed that on the decease of her husband his certificate was given up, and that before any thing can be paid to her, her name must be entered at the Pension Office Washington and a certificate of the same procured by her. The enclosed papers are forwarded to the department, and if they are found sufficient to entitle her to the Pension she will esteem it a favor to have the Certificate transmitted either to my Address or her own — To Hummelstown P o O Dauphin County Penn a .
Yours very respectfully John Phillips Secy

Feb 3/34

Pension Office Feby 3 1854
Sir The application of Anna Maria Fish- born widow of Philip of Pa, has been filed under the Act of 2 o Feby 1848, The original family Record of Mar- riage must be forwarded to this of- fice for inspection,
John Phillips Senr Esq Hummelstown Pa

S. S. Shugart, August 28/33

Pension Office August 28, 1833
Sir,
In answer to the enclosed letter, I have to inform you that Philip Fishburn, in his declaration, made in the year 1833, claimed to have served three tours of three months, each and no more.
For the above service he was allowed a pension at the rate of $30. per annum, under the act of 7 June 1832. This is the highest rate of pension granted by law for such service.
J. T. Shugart, Esq. Acting Com d of Patents
Res

Anna Maria Fishburn, widow of Philip Penn a
Act Feby 2. 1848.
Admitted
Mos Private
at $30 per annum. from Sept 7, 1851, when he died.
Certificate payable to claimant.
Agent
John Phillips Esq. Hummelstown Pa.

Brief in the case of Anna Maria Fishburn, widow of Philip Dauphin County and State of Pennsylvania act Feb'y 2. 1848
Claim, ("original," or "for increase." )
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Philip Fishburn - Dauphin Co. Pa. pensioned under act of 1832 at $ 30. died Sept 7. 1851 -
Marriage - in 1792. proved by Family Record
widowhood &c - " by parole
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
John Phillips Barr Hummelstown Dauphin Co Pa.
S. G. Dodge Examining Clerk.

Mrs. Phillips, Ser
Mar 28/54

Pension Office
March 28. 1854
Sir
As requested in your letter I herewith return to you the book containing what purports to be the family register of Philip Fishburn, forwarded by you as evidence of the date of his marriage with Anna Maria, his widow of Pa, who is applying for a pension under the act of July 29, 1848.
You will be informed of the decision upon this application in a few days.
Jno Phillips Esq Hummelstown Dauphin Co. Pa.

Hummelstown Dauphin County Penn ty Derry Township
Dear Sir
I have received yours of Feb y 3 relative to the application of Ann Maria Fishburn, widow of Philip Fishburn of P. ty in which you state that the original family record of marriage must be forwarded for inspection, —
At the request of the widow and family I now forward the book, in the Hand writing of Philip Fishburn which is a relict of the deceased that they would be very sorry to lose and hope that it may be returned after inspection — I have marked the place in which the record of Marriage is made, and we hope it will prove satisfactory, it has been proved by respectable men who have known them both since the time of their marriage that she is the widow of the identical Philip Fishburn who drew the pension for many years before his death, — she is old and lame & nearly blind and if any thing can be done for her it will be very acceptable
Yours very respectfully
John Phillips Secy

THIS SIDE OF CARD IS FOR ADDRESS
Henson Office Washington D. C.

Lancaster Pa Feb 13, 1934.
Please give me the war service record of John Philip Fishburn Derry Township Lancaster Co., now Dauphin Co., Pa (Revolutionary Service) He died
8-7-1851.
According to Archives he received pension.
Caroline S. Goldren 419 College Avenue Lancaster, Pa.

Hôtel Windsor
J. T. BELAND, Prop.
PENSION DE PREMIERE CLASSE.
CHAMBRES SPACIEUSES
SALLE D'ECHANTILLONS POUR VOYAGEURS DE COMMERCE.
Pension Bureau Washington D.C. Gentlemen,
Louiseville, P. Q. .... 19
922 Mifflin Street Scranton, Pennsylvania August 26, 1929.
Kindly make a photostat copy of the application for pension of Philip FISHBURN who was pensioned in Dauphin County Pa. March 4, 1831 for service in the Penna. Militia He was placed on the roll July 15, 1833. I shall pay whatever charges are due you when I am notified of the amount.
Very truly yours, Olivia A. Ward.
P.S. He was a private.

Mc Lake Montana 12/5/34
Bureau of Pensions Washington D.C.
Dear Sir:- I am seeking information concerning relatives who served in the war of the Revolution.
Would like to have any information you might have concerning their record.
The one relative name was Philip only one Fishburne Born some where in Penn- sylvania.
The other name was Geo Myers Jr also born some where in Pennsylvania.
Sincerely Mrs Frank E. M c Mahon

DEPARTMENT OF THE INTERIOR,
O. W. & N. Div. F. S. M. E. C.
BUREAU OF PENSIONS,
WASHINGTON, D. C., October 14, 1895.
Madam:
Replying to your communication of recent date, you are advised that this Bureau is able to furnish information concerning the military record of only such Revolutionary soldiers as were pensioned, or whose widows were pensioned, for their services.
A careful search has been made and from the data given the name of Phillpi Fishburn, of Maryland, who died December 14, 1830, has not been found upon the Revolutionary pension records, which fact renders this Bureau unable to supply you with the information you desire.
Veru respectfully,
Commissioner.
Mrs. Clara K. Woolf, 405 Moss Ave., Peoria, Ill.

DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Philip Fishburn , a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1776 3 mos. James Bowdoin ✓ Penn.   Aug. 1777 3 mos. Copenhagen ✓ "   1778 3 mos. Patrick Kelly ✓ "  
Battles engaged in, Brandywine, Germantown.
Residence of soldier at enlistment, Derry Township, Lancaster Co. Penn.
Date of application for pension, Apr. 22, 1833. His claim was allowed.
Residence at date of application, Dauphin Co. Penn.
Age at date of application, b. Nov. 15, 1754, died in Derry Township
Remarks: _____
Respectfully,
Commissioner.
Not finished, not sent

W.&1812 Wars Section. F
October 4, 1929.
Elvira L. Ward, 922 Mifflin Street, Lebanon, Pennsylvania.
Dear Madam:
I advise you that photostatic copies of papers on file in Revolutionary War claims for pension of Philip Fishburn and his widow Anna Maria will be furnished you at the rate of fifteen cents a page with twenty-five cents extra for certification if that is desired.
The number of pages to be copied is twenty.
The proper amount should be forwarded to this bureau by money order drawn to the order of the Secretary of the Interior.
Very truly yours,
EARL D. CHURCH, Commissioner.

December 26, 1934
XXXXXXXXXXXXXXXX
BA-J/MLB
Mrs. Frank E. McMahon McCabe Montana
Dear Madam:
Reference is made to your letter in which you request information relative to Philip Fishburn, Jr., born somewhere in Pennsylvania, and George Myers, Jr., also born in Pennsylvania.
Revolutionary War data furnished by this office are obtained from claims for pension and bounty land made to the United States based upon military service of soldiers in that war.
A careful search of the records fails to show such claims on file on account of the Revolutionary War service of any George Myers (under any spelling of the surname).
It is suggested that as a possible means of securing information in regard to the military service of soldiers of the Revolutionary War, you apply to the Adjutant General, War Department, this city.
The record of only one Philip Fishburn was found in the Revolutionary War records of this office and it is given herewith.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

March 2, 1934
XXXXXXXXXXXXXXXXXXXX
Caroline S. Coldren 419 College Avenue Lancaster, Pennsylvania
BA-J/MEL Philip Fishburn-W.4434
Dear Madam:
Reference is made to your letter in which you request the record of Philip Fishburn, a soldier of the Revolutionary War, of Derry Township, Lancaster County, Pennsylvania.
The data which follow were obtained from the papers on file in Revolutionary War pension claim, W.4434, based upon the military service of Philip Fishburn in that war.
Philip Fishburn was born November 15, 1754, place not shown, nor are the names of his parents given. The name also appears as Fishborn.
While residing in Derry Township, Lancaster (that part which was later Dauphin) County, Pennsylvania, Philip Fishburn enlisted sometime in 1776, exact date not shown and served three months as a private in Captain James Cowden's Company, Pennsylvania Troops; this service was performed in the state of New Jersey; he enlisted in August, 1777, served three months in Captain Copenhaver's Pennsylvania Company, and was in the battles of Brandywine and Germantown; he enlisted in 1778, and served three months under Wagomaster Patrick Kelly in the Pennsylvania Troops.
He was allowed pension on his application executed April 22, 1833, while residing in Dauphin County, Pennsylvania.
He died at his residence in Derry Township, Dauphin County, Pennsylvania, about thirteen miles from Harrisburg, on September 7, 1851.
The soldier married August 14, 1780, Barbara Greinerin, who was born February 26, 1759. She died June 19, 1790, and he married December 25, 1792, Anna Maria Beck or Hadin (both names appear), who was born June 9, 1771.

Philip Fishburn's widow, Anna Maria, was allowed pension on her application executed November 1, 1853, while residing in Dauphin County, Pennsylvania.
Children of Philip Fishburn and his wife, Barbara:
   Catherine Elisabeth  born  September 26, 1781,  died  September 10, 1794.    Magdalena  "  April 30, 1783,  "  " 6, 1783.    John  "  December 12, 1784.      Anthony  "  June 26, 1786,  "  November 19, 1788.    Philip  "  March 7, 1788,  "  May 14, 1789.    Anthony  "  November 25, 1789.     
Children of Philip Fishburn and his wife, Anna Maria:
   Eve  born  November 7, 1793.      Maria Barbara  "  December 11, 1795,  married  June 30, 1818, John Gmeiner.    Jacob  "  March 31, 1797.      Michael  "  August 3, 1798.      Elisabeth  "  December 10, 1799,  married  John Ranck died October 10, 1821.    Benjamin  "  January 26, 1802.      Jonas  "  September 26, 1803.      Sophie  "  March 9, 1806.      Philip  "  August 30, 1807,  died  November 19, 1809.    Ann Maria  "  July 6, 1809,  "  " 3, 1809.    Thomas  "  November 20, 1810,  in  1853, residing in Lebanon County, Penn- sylvania.    Joshua  "  February 19, 1813.      Jeremiah  "  September 12, 1818.     
There are no further family data.
In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, Anna Maria Fishburn, widow of Philip Fishburn (W.4434), you should address The Comptroller General, General Accounting Office, Records Division, this city, citing the following data:
Anna Maria Fishburn, widow of Philip Fishburn, Certificate No.6233, issued April 3, 1854, rate $30 per annum, commenced September 7, 1851, Act of February 2, 1848, Pennsylvania(Philadelphia) Agency.
Very truly yours
A. D. HILLER Assistant to Administrator.